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(영문) 대구지방법원 2018.06.28 2018고단1167
특수절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 18, 2018, at around 00:07, the Defendant: (a) destroyed and damaged the glass of the entrance of E with a steel monst, which was in possession of the victim D, around 00:07, with construction equipment equivalent to KRW 3,400,000,00 in total, including one leakage detection device at the market price of KRW 1,80,000,000, the market price of which was the victim’s ownership; and (b) 2,000,000,000,000,000 won.

Accordingly, the defendant stolen the victim's property by destroying the door at night and impairing the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a report on internal investigation (limited to attachment of photographs, such as the scene of a crime committed by a person suspected of committing a crime), CCTV closure photographs;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant and his defense counsel asserts to the effect that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The reason for sentencing [the scope of the recommended punishment] Standard for sentencing of general property : (a) the basic area (one to two years) (special mitigation (special mitigation)) / In the case of intrusion into a place other than indoor residential space (the four types) / The conditions for sentencing indicated in the records, such as the defendant's age, occupation, sex behavior, family relation, conditions before and after crimes, etc.

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